DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Amendment filed 8/24/2026 has been entered. Claims 1 and 3-21 remain pending in the present application.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1 and 3-21 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Re. Cls. 1 and 16, the limitations “a first flange extending from the retention body at a position located between the first terminus and the second terminus” and “a first flange extending from the retention body and the outer surface of the retention body at a position located between the terminal ends” renders the claims indefinite in the Examiner’s position. Applicant identifies the friction channel as channel (106), the terminal ends/first and second terminus as (144 and 146) and the first flange as (112-2) as shown in Fig. 1. It is unclear what the Applicant is intending to claim by stating the first flange extending from the body between the first terminus and the second terminus since it does not appear that the flange is located there. As can be seen in Fig. 1, the flange (112-2) is laterally spaced from the first and second terminus (144, 146) and appears to be located at a similar or same height of the terminus (144). Therefore, it does not appear that the first flange is located between the first and second terminus (144, 146) as currently claimed, rendering the claim indefinite in the Examiner’s position.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 3-13, 15-17 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Naugler US 10847960 (hereinafter Naugler) in view of Adams US 2007/0114340 (hereinafter Adams).
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Re. Cl. 1, Naugler discloses: A wire management clip (10, Fig. 1) comprising: a retention body (20, Fig. 1) formed as a c-shaped body (see Fig. 1-2) including a first terminus (28a, Fig. 1) positioned proximate to a second terminus (30a, Fig. 1); a void (27, Fig. 1) extending through the retention body in the width direction (see Fig. 3, width direction into the page), and a mounting channel (40, Fig. 1) formed between the outer surface of the retention body and a second flange (42, Fig. 1) extending from the retention body at a position (see Fig. 1).
Re. Cl. 3, Naugler discloses: the c- shaped body includes a spring bias creating a static state between the first terminus and the second terminus and restricts movement of the first terminus and the second terminus relative to one another (Col. 8, Lines 22-33).
Re. Cl. 7, Naugler discloses: the mounting channel includes: the second flange as a first side extending from the retention body (see 42, Fig. 1); and a second side formed by the retention body such that a space exists between the first side and the second side (see Fig. 3, 44).
Re. Cl. 8, Naugler discloses: the mounting channel further includes a friction retention protrusion (70, Fig. 3) extending into the space between the first side and the second side (see Fig. 3).
Re. Cl. 9, Naugler discloses: the friction retention protrusion extends angularly away from a surface of the second side of the mounting channel (see Fig. 3).
Re. Cl. 10, Naugler discloses: the friction retention protrusion includes a tooth angled with respect to the first side or the second side (see 70, Fig. 3).
Re. Cl. 11, Naugler discloses: the tooth includes a rubber material (Col. 5, Lines 5-10).
Re. Cl. 12, Naugler discloses: the rubber material is embedded with a material of the wire management clip (see Fig. 3, the term “embedded” is understood as meaning making something an integral part of, as seen in Fig. 3 for instance, the tooth 70 is an integral part of the clamp and thus is embedded with a material of the clamp; definition taken from www.merriam-webster.com/dictionary).
Re. Cl. 13, Naugler discloses: the tooth is one of a plurality of teeth (Col. 7, Lines 21-23, one or more).
Re. Cl. 15, Naugler discloses: the tooth is angled within the mounting channel in a direction towards an interior of the mounting channel (see Fig. 3).
Re. Cl. 16, Naugler discloses: A wire management clip (10, Fig. 1) comprising: a retention body (20, Fig. 1) having a c-shaped body (see Fig. 1) with a gap between terminal ends of the c-shaped body (see Fig. 3, gap between 28a and 30a); a void (27, Fig. 1) extending through the c-shaped body in the width direction (see Fig. 3, width direction extending into the page); and a mounting channel (40, Fig. 1) formed between the outer surface of the retention body and a second flange (42, Fig. 1) extending from the retention body at a position (see Fig. 3), the mounting channel including a friction retention protrusion (70, Fig. 3) extending inwardly within the mounting channel (see Fig. 3).
Re. Cl. 17, Naugler discloses: the terminal ends of the c-shaped body include: the one of the terminal ends as a first terminus (28a, Fig. 3), and a second terminus ending adjacent to the first terminus (30a, Fig. 3), wherein a spring biasing force biases the first terminus toward the second terminus (Col. 8, Lines 22-33).
Re. Cls. 1, 5-6, 16 and 20, Naugler does not disclose a friction channel formed between an outer surface of the retention body and a first flange extending from the retention body at a position located between the first terminus and the second terminus, the friction channel extending in a width direction of the wire management clip such that a wire is extendable through the friction channel in the width direction across a width of the retention body, the void having a larger opening than an opening of the friction channel, the position located between the first terminus and the first flange of the friction channel (Cl. 1), the friction channel includes a u-shaped body defined, at least in part, by: the first flange as a first leg extending from the retention body; a second leg formed by the retention body; and the opening of the friction channel, which is configured to secure a cable between the first leg and the second leg (Cl. 5); the friction channel further includes a release tab extending from the first leg (Cl. 6), a friction channel formed on an outer surface of the retention body between a first flange extending from the retention body and the outer surface of the retention body, the friction channel extending in a width direction of the wire management clip at a position located between the terminal ends, the friction channel extending in a width direction of the wire management clip such that a wire is extendable through the friction channel in the width direction across a width of the retention body; the void having a larger opening than an opening of the friction channel; the position located between one of the terminal ends and the first flange of the friction channel (Cl. 16) or he friction channel has a u-shaped body including: the first flange as a first leg extending from the retention body; a second leg formed by the retention body; and a release tab extending from the first leg (Cl. 20). Adams discloses a wire management clip (1, Fig. 1) which includes a retention body (2, Fig. 1) formed in a C-shape with a gap between terminal ends (4, 5, Fig. 1), and a friction channel (15, Fig. 3) along an exterior of the retention body. Re. Cl. 1, Adams discloses the friction channel formed between an outer surface of the retention body (see exterior of 2, Fig. 3) and a first flange (16, Fig. 3) extending from the retention body at a position located between the first terminus and the second terminus (see Fig. 3, where 22 attaches to 2 is located between 4 and 5), the friction channel extending in a width direction of the wire management clip (see Fig. 3, extending into the page) such that a wire is extendable through the friction channel in the width direction across a width of the retention body (see 18, Fig. 3), the void (within 2, Fig. 1) having a larger opening than an opening of the friction channel (see Fig. 3, the opening into 2 is larger than the opening 15). Re. Cl. 5, Adams discloses the friction channel includes a u-shaped body defined, at least in part, by: the first flange as a first leg extending from the retention body; a second leg formed by the retention body; and the opening of the friction channel, which is configured to secure a cable between the first leg and the second leg (see Fig. 3, the arm 16 forms a U-shaped channel with exterior of 2 to form a space to secure cable 18). Re. Cl. 6, Adams discloses the friction channel further includes a release tab extending from the first leg (see Fig. 3, the end of 16 curves outward to form a release tab, engageable by the user). Re. Cl. 16, Adams discloses a friction channel (15, Fig. 3) formed on an outer surface of the retention body between a first flange (16, Fig. 3) extending from the retention body and the outer surface of the retention body (see Fig. 3), at a position located between the terminal ends (see Fig. 3, the position at 22 is located between the terminal ends 4 and 5), the friction channel extending in a width direction of the wire management clip (see Fig. 3, into the page) such that a wire is extendable through the friction channel in the width direction across a width of the retention body (see Fig. 3, represented by 18); the void having a larger opening than an opening of the friction channel (see Fig. 3, the opening into 2 is larger than the opening 15). Re. Cl. 20, Adams discloses the friction channel has a u-shaped body including: the first flange as a first leg extending from the retention body (see Fig. 3, the arm 16 forms a U-shaped channel with exterior of 2 to form a space to secure cable 18); a second leg formed by the retention body (see Fig. 3, exterior of 2); and a release tab extending from the first leg (see Fig. 3, the end of 16 curves outward to form a release tab, engageable by the user).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Naugler device to include the friction channel of Adams with reasonable expectation of success to enable for the device to support another wire which is isolated or separated from the remaining wires. Such a configuration would be desirable to provide spacing between wires which would lead to clearly identifying separate wires.
Re. Cls. 1 and 16, specifically, the limitations “the position located between the first terminus and the first flange of the friction channel” and “the position located between one of the terminal ends and the first flange of the friction channel,” it is the Examiner’s position that the combination of Naugler and Adams would disclose such a configuration. As can be seen in annotated figure 3 of the Adams, the friction channel extends from a rear surface of the C-shaped body in an upward direction. Modifying Naugler to include the Adams clip as presented above, would dispose the friction channel on surface (26) which would result in the position where flange (42) attaches to body (20) between the terminal ends (28a,30a) and the first flange (the Adams flange on surface 26).
Re. Cl. 4, it is the Examiner’s position that the proposed modification of Naugler with the friction channel of Adams would disclose that the friction channel is one of a plurality of friction channels formed along the outer surface of the retention body (see Fig. 4, Naugler also has friction channel 60, so therefore the friction channel of Adams and 60 would be a plurality as claimed).
Claim(s) 14 and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Naugler in view of Adams as applied, and further in view of Miraboutalebi US 2023/0042349 (hereinafter Miraboutalebi).
Re. Cl. 14 and 18-19, Naugler discloses the plurality of teeth includes a first tooth and a second tooth (Col. 7, Lines 21-23, by disclosing one or more, there is a first and second tooth at least); the friction retention protrusion is embedded with the retention body (see Fig. 3, the term “embedded” is understood as meaning making something an integral part of, as seen in Fig. 3 for instance, the tooth 70 is an integral part of the clamp and thus is embedded with a material of the clamp; definition taken from www.merriam-webster.com/dictionary); the friction retention protrusion is angled within the mounting channel in a direction towards an interior of the mounting channel such that the wire management clip resists removal after being mounted for use (see Fig. 3) but does not disclose the first tooth is from the first side and the second tooth is from the second side (Cl. 14), the friction retention protrusion being made of a first material and the retention body being made of a second material different from the first material (Cl. 18). Miraboutalebi discloses a mounting channel (4, Fig. 1) in a wire management clip (1) that includes a friction retention device (8a-c and 8’a-c, Fig. 1) which includes a plurality of teeth (see 8a-c and 8’a-c, Fig. 1) which includes: a first tooth (see one of 8a-c, Fig. 1) extending from the first leg (5, Fig. 1); and a second tooth (one of 8’a-c, Fig. 1) extending from the second leg (5’, Fig. 1); the friction retention device being made of first material (see SC, Fig. 1) and the wire management clip being made of a second material different from the first material (HC, Fig. 1; Paragraph 0006).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teeth of Naugler to be extending from opposite sides of the mounting channel as disclosed by Miraboutalebi with reasonable expectation of success since Miraboutalebi states that their teeth maximizes the friction force and will not be deformed in an undefined way resulting in the reliability of the attachment to be increased (Paragraph 0013, Lines 15-20). Furthermore, it would have been obvious to modify the Naugler in view of Adams device to be made of two separate materials as disclosed by Miraboutalebi with reasonable expectation of success since Miraboutalebi states that the different materials function to hold the clip in place by a friction force that is maintained by the use of a spring force (Paragraph 0007).
Allowable Subject Matter
Claim 21 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 16 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kuhm US 2015/0014489, Grushkowitz US 2012/0192925 and Jasmin US 11949373 disclose other known wire management clips which are presented to the Applicant for their consideration.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER E GARFT whose telephone number is (571)270-1171. The examiner can normally be reached Monday-Friday 8:00 a.m. to 5:00 p.m..
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Terrell McKinnon can be reached at (571)272-4797. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER GARFT/Primary Examiner, Art Unit 3632
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